[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Proposed Rules]
[Pages 26411-26419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11559]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 1

[Docket ID FEMA-2017-0016]
RIN 1660-AA91


Update to FEMA's Regulations on Rulemaking Procedures

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Emergency Management Agency (FEMA) proposes to 
revise its regulations pertaining to rulemaking. It proposes to remove 
sections that are outdated or do not affect the public, and it proposes 
to update provisions that affect the public's participation in the 
rulemaking process, such as the submission of public comments, 
hearings, ex parte communications, the public rulemaking docket, and 
petitions for rulemaking. FEMA also proposes to modify its waiver of 
the Administrative Procedure Act exemption for matters relating to 
public property, loans, grants, benefits, and contracts.

DATES: Comments must be received on or before August 7, 2017.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2017-
0016, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of 
Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C Street 
SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel, 
Regulatory Affairs, Office of Chief Counsel, Federal Emergency 
Management Agency, 500 C Street SW., Washington, DC 20472, 202-646-
4046, or (email) [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. We will consider all comments and 
material received during the comment period.
    If you submit a comment, identify the agency name and the docket ID 
for this rulemaking, indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. You 
may submit your comments and material by electronic means, mail, or 
delivery to the address under the ADDRESSES section. Please submit your 
comments and material by only one means.
    Regardless of the method used for submitting comments or material, 
all submissions will be posted, without change, to the Federal e-
Rulemaking Portal at http://www.regulations.gov, and will include any 
personal information you provide. Therefore, submitting this 
information makes it public. You may wish to read the Privacy and 
Security Notice that is available via a link on the homepage of 
www.regulations.gov.
    Viewing comments and documents: For access to the docket to read 
background documents or comments received, go to the Federal e-
Rulemaking Portal at http://www.regulations.gov. Background documents 
and submitted comments may also be inspected at FEMA, Office of Chief 
Counsel, 500 C Street SW., Washington, DC 20472-3100.

II. Background

    FEMA established its regulations regarding its rulemaking 
procedures in 1981, in 44 Code of Federal Regulations (CFR) part 1.\1\ 
FEMA has not substantively updated part 1 since that time. Part 1 is 
based on a rescinded Executive Order, Executive Order 12291, entitled 
``Federal Regulation,'' and obsolete agency procedure, which was 
relevant when FEMA was an independent agency,\2\ but is no longer 
accurate, as FEMA is no longer an independent agency. FEMA now includes 
its internal rulemaking procedures addressing the development, 
drafting, and clearance of FEMA rules in internal guidance.
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    \1\ See 46 FR 32583 (June 24, 1981) (final rule establishing 44 
CFR part 1); see also 44 FR 50299 (Aug. 27, 1979) (proposed rule 
proposing to establish 44 CFR part 1).
    \2\ FEMA became a component agency of the Department of Homeland 
Security on March 1, 2003 pursuant to the Homeland Security Act of 
2002, Public Law 107-296, 116 Stat. 2135 (codified as amended at 6 
U.S.C. 101 et seq.).
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    In this proposed rule, FEMA proposes a wholesale revision of part 
1, removing sections that solely address internal agency procedure, and 
retaining and updating sections that directly affect the public's 
participation in FEMA's rulemaking process, namely, provisions 
addressing ex parte communications in rulemaking, petitions for 
rulemaking, the public rulemaking docket, hearings, and the process for 
submitting public comments on rules.
    FEMA is also proposing to modify its waiver of the Administrative 
Procedure Act exemption for matters relating to public property, loans, 
grants, benefits, and contracts.
    Section III of this preamble includes a section-by-section analysis 
of the current regulations and an explanation of the changes to each 
section.

III. Section-by-Section Analysis of the Current Regulations and 
Proposed Changes

Section 1.1 Purpose

    Paragraph (a) of current section 1.1 states that 44 CFR part 1 
covers FEMA's basic policies and procedures for adoption of rules, and 
that it incorporates provisions of section 4 of the Administrative 
Procedure Act. Section 4 of the Administrative Procedure Act (5 U.S.C. 
553) addresses Federal agency requirements for notice and comment 
rulemaking. Notice and comment rulemaking is also known as ``informal 
rulemaking.'' Paragraph (a) of current section 1.1 also includes a 
statement that 44 CFR part 1 and internal FEMA manuals implement 
Executive Order 12291.
    FEMA proposes to limit the purpose of part 1 to describing FEMA's 
informal rulemaking procedures that affect the public. This proposed 
rule therefore does not describe FEMA's internal rulemaking procedures, 
which are more appropriately placed in internal guidance. FEMA proposes 
these changes for a number of reasons. First, the Administrative 
Procedure Act does not require internal agency procedure to be in 
regulation. See 5 U.S.C. 553(a)(2), 553(b)(A). Second, and more 
importantly, the references to Executive Order 12291 and implementing 
FEMA procedures are outdated. As noted above, Executive Order 12291 has 
been revoked, and was replaced with Executive Order 12866, ``Regulatory

[[Page 26412]]

Planning and Review.'' \3\ Executive Order 12866 imposed major changes 
to the regulatory review process of the Federal government, such as 
establishing a definition of ``significant'' rulemakings and requiring 
a 90-day review by the Office of Management and Budget (OMB) of those 
rulemakings.
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    \3\ 58 FR 51735 (Oct. 3, 1993).
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    Thus, FEMA proposes to state in paragraph (a) of proposed section 
1.1 simply that part 1 contains FEMA's informal rulemaking procedures 
that affect the public. Note that FEMA does not currently address 
formal rulemaking in its regulations,\4\ and does not propose to do so, 
as FEMA has never engaged in formal rulemaking and has no plans to do 
so. If the need or opportunity for a formal rulemaking should arise, 
FEMA will consider issuing regulations or guidance regarding formal 
rulemaking procedures at that time.
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    \4\ Formal rulemaking is rulemaking made on the record after a 
formal hearing. See 5 U.S.C. 556, 557.
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    The Freedom of Information Act (FOIA), located in section 3(a) of 
the Administrative Procedure Act, requires certain agency documents to 
be published in the Federal Register for the guidance of the public. 
See 5 U.S.C. 552(a). Paragraph (b) of current section 1.1 states that 
FEMA's implementation of this requirement is contained in 44 CFR part 
5, subpart B, but subpart B was removed when the Department of Homeland 
Security (DHS) updated its FOIA regulations, which also apply to FEMA. 
See 81 FR 83625 (Nov. 22, 2016). FEMA finds that this cross-reference 
to subpart B is outdated, not necessary, and potentially confusing. 
Accordingly, FEMA proposes to remove it from part 1.
    Paragraph (c) of current section 1.1 states that 44 CFR part 1 
``contains policies and procedures for implementation of the Regulatory 
Flexibility Act which took effect January 1, 1981.'' In this 
rulemaking, FEMA is proposing to remove all provisions from part 1 that 
address the requirements of the Regulatory Flexibility Act, as these 
provisions are not required to be in regulation. The requirements of 
the Regulatory Flexibility Act pertain to an agency's responsibilities 
in performing a particular kind of analysis of its rulemakings, and do 
not include any requirements on the public. Therefore, FEMA proposes to 
remove paragraph (c) from current section 1.1.
    Paragraphs (d) and (e) of current section 1.1 refer to a rescinded 
FEMA manual that described the agency's internal rulemaking 
procedures.\5\ As the manual has since been rescinded, and there is no 
requirement to include references to such internal guidance in 
regulations, FEMA proposes to remove reference to such guidance in 44 
CFR part 1.
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    \5\ FEMA Manual 1140.1, The Formulation, Drafting, Clearance, 
and Publication of Federal Register Documents,'' was rescinded by 
FEMA Manual 078-1-2, ``Rulemaking and Federal Register Notice 
Development, Drafting, and Approval Procedures,'' on 8/28/12.
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Section 1.2 Definitions

    Section 1.2 includes the definition of ``rule or regulation,'' 
which is the same definition that appears in the Administrative 
Procedure Act at 5 U.S.C. 551(4). Rather than restating the definition, 
FEMA proposes to simply provide the reference to the APA definition, 
for the sake of simplicity and to avoid the possible impression that 
FEMA's definition differs from the Administrative Procedure Act 
definition.
    FEMA proposes to remove the definition of ``major rule.'' This is a 
term found in rescinded Executive Order 12291, and the Congressional 
Review of Agency Rulemaking Act (CRA), and the definition need not be 
parroted in regulation.\6\ FEMA is therefore proposing to remove this 
definition from 44 CFR part 1.
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    \6\ 5 U.S.C. 801-808. See the description of the CRA in the 
Regulatory Analyses section of this preamble.
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    FEMA does not propose any changes to the definitions of 
``rulemaking,'' ``Administrator,'' or ``FEMA.''

Section 1.3 Scope

    FEMA proposes to remove paragraph (a) of this section, because it 
is redundant of proposed section 1.1, addressing the scope of part 1.
    FEMA proposes to remove paragraph (b) of this section, because it 
is not required to be in regulation. Paragraph (b) states that any 
delegation by the Administrator of authority to issue rules may not be 
further redelegated, unless expressly provided for in the delegation. 
Delegations are an internal agency matter, and are within the 
discretion of the FEMA Administrator whether to allow one of his 
functions to be delegable. FEMA currently has an internal delegation 
addressing rulemaking, FDA 0106-5 (included in the docket for this 
rulemaking at www.regulations.gov) which provides for FEMA rulemakings 
to be issued by either the Administrator or the Deputy Administrator of 
FEMA. It also provides for certain ``routine and frequent'' rulemakings 
regarding the National Flood Insurance Program to be issued by the 
Associate Administrator for Federal Insurance and Mitigation, or, if 
vacant, the Deputy Associate Administrator for Federal Insurance and 
Mitigation.
    FEMA proposes to move paragraph (c) of current section 1.3 to 
proposed section 1.1. This paragraph explains that 44 CFR part 1 does 
not address formal rulemaking procedures under the Administrative 
Procedure Act. If the need or opportunity arises to engage in a formal 
rulemaking, FEMA may issue relevant regulations or guidance at that 
time as necessary and appropriate.

Section 1.4 Policy and Procedures

    FEMA proposes to remove paragraph 1.4(a), as it is based on a 
rescinded Executive Order, Executive Order 12291. It is not necessary 
to implement the provisions of such executive orders in regulation.
    Current paragraph 1.4(b) states that it is FEMA's policy to provide 
for public participation in rulemaking regarding its programs and 
functions, including for matters that relate to public property, loans, 
grants, benefits, or contracts. FEMA declared this policy 
notwithstanding that the Administrative Procedure Act's notice-and-
comment rulemaking requirements do not apply to such programs and 
functions. See 5 U.S.C. 553(a)(2). In 1971, the Administrative 
Conference of the United States (ACUS) issued a recommendation which 
recommended that all Federal agencies waive the Administrative 
Procedure Act exemption, finding that the public interest in 
participating in these matters outweighed the added process required by 
notice and comment rulemaking.\7\ When FEMA issued part 1 in 1981, it 
adopted this recommendation.
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    \7\ ACUS Recommendation 69-8, adopted Oct. 21-22, 1969, 
available at: https://www.acus.gov/sites/default/files/documents/69-8.pdf.
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    One of FEMA's main functions is to administer grant programs for 
emergency preparedness, response, recovery, and mitigation. The 
majority of these grant programs are annual grant programs, meaning 
Congress on an annual basis (1) appropriates a certain amount of money 
for the program, and (2) potentially revises requirements associated 
with the program. FEMA annually evaluates available resources and 
policy priorities, and issues notices of funding opportunity, i.e., 
calls for grant applications which specify the eligibility requirements 
and conditions for the grant. If in a given year Congress has not 
appropriated funds for a given annual grant program, FEMA will not 
issue a notice of funding opportunity or make any awards for that 
program.
    Because of the uncertainties associated with these programs and the

[[Page 26413]]

time and resource constraints associated with the rulemaking process, 
it would be extremely challenging to promulgate or revise regulations 
each year for these annual grant programs, and therefore FEMA's 
practice for years has been to post a notice of funding opportunity on 
its Web site at https://www.fema.gov/grants when grant funds become 
available. These notices provide detailed information on grant 
eligibility and conditions, consistent with OMB requirements.\8\ FEMA 
finds that regulations are not necessary for these annual grant 
programs, because the requirements for the grant are included in 
legislation and the notices of funding opportunity which are available 
to the public on FEMA's Web site and www.grants.gov.\9\
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    \8\ See Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards, at 2 CFR 200.203.
    \9\ FEMA's disaster grant programs are awarded based on event-
specific Presidential declarations rather than an annual 
appropriation from Congress; FEMA maintains fulsome regulations for 
these programs.
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    FEMA notes that in the 1971 ACUS recommendation, ACUS cited the 
inadequate practice of some agencies at that time of notifying 
applicants of available grant funds and actions taken on applications. 
However, it is now standard practice for Federal agencies to use the 
internet to disseminate information to the public. FEMA's use of its 
Web site and www.grants.gov for its annual grant programs allows any 
member of the public easy access to grant application information, and 
inadequate notice is no longer an issue.
    Because it would be unduly burdensome and, in some cases, 
impossible to promulgate annual grant program requirements in 
regulation, because the APA does not require such (or any) grant 
program requirements to be in regulation, and because FEMA requires 
flexibility to adapt quickly to legal and policy mandates, FEMA 
considered eliminating current paragraph 1.4(b) entirely. At this time, 
however, FEMA prefers to retain a statement in support of public 
participation in rulemaking, because although FEMA sees little reason 
to retain current paragraph 1.4(b) as drafted, FEMA continues to 
believe that public participation is frequently beneficial to the 
rulemaking process, particularly for its non-annual disaster grant 
programs. Accordingly, FEMA proposes to modify its part 1 with respect 
to the grants exception. Specifically, under this proposed rule 
(proposed section 1.3), FEMA would retain its general policy in favor 
of public participation, but would retain discretion to depart from 
this policy in its discretion and as circumstances warrant, such as 
with respect to annual grant programs. FEMA also proposes to include a 
provision stating that its general policy of providing for public 
participation in rulemaking is not intended to create a right or 
benefit, substantive or procedural, enforceable against the United 
States.
    FEMA proposes to remove paragraph (c) from current section 1.4, as 
it merely echoes the requirement of the Administrative Procedure Act at 
5 U.S.C. 553 to publish notices of proposed rulemaking in the Federal 
Register and to give the public an opportunity to participate in the 
rulemaking through submission of written data, views, and arguments, 
with or without opportunity for oral presentation.
    FEMA proposes to remove paragraph (d) from current section 1.4, 
which describes FEMA's policy of giving the public, including small 
entities and consumer groups, an early and meaningful opportunity to 
participate in the development of rules such as through advance notices 
of proposed rulemakings, holding open conferences, and convening public 
forums or panels. Such a policy need not be in regulation.
    FEMA proposes to remove paragraph (e) from current section 1.4, 
which contains FEMA's policy to hold a 60-day public comment period for 
notices of proposed rulemaking. This policy is consistent with the time 
period recommended by Executive Order 12866. Paragraph (e) also states 
that the comment period will include any period of review required by 
OMB in accordance with the Paperwork Reduction Act of 1980. Such a 
policy need not be in regulation.
    Paragraph (f) of current section 1.4 addresses Administrative 
Procedure Act provisions that allow an agency to bypass notice and 
comment. FEMA proposes to remove paragraph (f) from current section 
1.4.
    Paragraph (g) of current section 1.4 addresses the delayed 
effective date provision of the Administrative Procedure Act. Under 
this provision, a substantive rule generally becomes effective no 
earlier than 30 calendar days after the date of publication in the 
Federal Register, unless the agency provides an explanation in the 
preamble to the rule that it has good cause to make the rule effective 
immediately upon the date of publication. FEMA proposes to remove this 
provision from current section 1.4.
    Paragraph (h) of current section 1.4 addresses publication of rules 
in emergency situations. It states that part 1 does not apply to such 
situations, and any such regulation will be reported to OMB. It states 
that as soon as is practicable, FEMA will publish in the Federal 
Register a statement of the reasons why it is impracticable for the 
agency to follow the procedures of Executive Order 12866, and the 
agency shall prepare and transmit, as needed, and as soon as 
practicable, a regulatory impact analysis for the rule. FEMA proposes 
to remove this paragraph from section 1.4, because it predates the 
termination of FEMA's status as an independent agency, and addresses a 
matter of internal U.S. government coordination.

Section 1.5 Rules Docket

    Section 1.5 addresses the public rules docket. FEMA proposes to 
renumber this section as section 1.4. FEMA proposes to slightly revise 
this section, to clarify that the public rulemaking docket is available 
for public inspection after a rule document has been published in the 
Federal Register. This is the point when a public rulemaking docket is 
established. Prior to that point, any documents associated with the 
rulemaking are part of the internal development process, and are not 
included in the public docket. FEMA also proposes to clarify that the 
public docket is available in hard copy until the rule project is 
closed. Once a rule project is closed (either because the rule has been 
finalized or withdrawn), FEMA archives the docket at the National 
Archives and Records Administration, due to limited physical space at 
FEMA offices. An electronic copy of the docket would still be available 
on www.regulations.gov, however, with the exception of any copyrighted 
material that might be associated with the rule project.
    FEMA also proposes to add a requirement that any member of the 
public wishing to physically inspect the public docket do so by 
prearrangement with FEMA. FEMA has consolidated its office space and no 
longer maintains a separate reading room for rule dockets. Therefore, 
it is necessary for FEMA to reserve a space ahead of time for a member 
of the public to inspect the public docket. FEMA proposes to remove the 
requirement that a member of the public must pay a fee to obtain a copy 
of the public docket.
    FEMA proposes to move the provision addressing the submission of 
public comments to a separate section, as it is not directly related to 
inspection of the public docket (although public comments are included 
in the docket itself). The new section addressing submission of public 
comments would

[[Page 26414]]

be numbered section 1.5, and addresses submission of comments 
electronically to www.regulations.gov as well as submission via mail or 
courier to FEMA.
    Finally, FEMA proposes to add a section to address the public 
dockets for flood hazard elevation rules. The physical repository 
addresses for supporting material for those rules vary depend on the 
locality that is the subject of the rule. FEMA includes the address in 
the preamble to each flood hazard elevation rule.

Section 1.6 Ex Parte Communications

    Section 1.6 addresses ex parte communications during the rulemaking 
process. FEMA proposes to revise this section to cover written as well 
as oral communications, and to cover any such communications from 
outside the Federal Executive branch, rather than outside FEMA. There 
are various communications necessary outside FEMA but within the 
Federal Executive branch during the rulemaking process, such as with 
DHS, OMB, or other Federal agencies, as part of internal government 
review, to ensure consistency in Federal government policy, and to 
consult with other agencies with expertise in the subject of the rule 
or that may be affected by the rule. These communications are 
considered ``internal'' as they are contained within the Federal 
Executive branch. The disclosure requirements of this section are not 
intended to apply to such internal communications.
    FEMA proposes to revise this section to cover communications from 
the time a notice of proposed rulemaking is published until FEMA issues 
a final regulatory action (such as a withdrawal of the notice of 
proposed rulemaking or a final rule). Under the current regulation, 
communication is only restricted during the open public comment period, 
which tends to defeat the purpose of transparency in development of the 
regulatory action, since once the comment period closes, ex parte 
communications can occur while the next regulatory action is being 
developed. To ensure transparency for the entire development of the 
rule from publication of the notice of proposed rulemaking until 
issuance of a final action, FEMA proposes to revise the applicability 
of its ex parte regulation to also cover the time between the close of 
a proposed rule comment period and the issuance of a final action.
    FEMA proposes to remove the introductory language of this section, 
which states that the section applies to rulemaking proceedings 
governed by the procedural requirements of 5 U.S.C. 553 (i.e., informal 
rulemaking). The purpose section of part 1 already limits the scope of 
part 1 to informal rulemaking so this introductory language to section 
1.6 is unnecessary.
    FEMA proposes to add a provision noting that the ex parte 
restrictions do not apply to Tribal consultations. Executive Order 
13175, Consultation and Coordination with Indian Tribal 
Governments,\10\ and Presidential Memorandum of November 9, 2009, 
Tribal Consultation,\11\ require Federal agencies to consult with 
Tribes on actions that have Tribal implications. In order to facilitate 
and support these communications, FEMA encourages Tribal consultation 
early in the rule development process and does not impose ex parte 
restrictions on such consultations.
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    \10\ 65 FR 67249 (Nov. 9, 2000).
    \11\ https://obamawhitehouse.archives.gov/the-press-office/memorandum-tribal-consultation-signed-president; see also FEMA's 
Tribal Consultation Policy, FP101-002.01, included in the docket for 
this rulemaking on www.regulations.gov and on FEMA's Web site at 
https://www.fema.gov/media-library/assets/documents/98120.
_____________________________________-

Section 1.7 Regulations Agenda

    Section 1.7 contains outdated requirements that were part of the 
now-rescinded Executive Order 12291 regarding the government-wide 
regulations agenda. Current Executive Order 12866 also contains 
requirements that agencies must follow for the regulations agenda, as 
does the Regulatory Flexibility Act. FEMA proposes to remove these 
requirements, as OMB publishes the agenda on its Web site, which any 
member of the public may view at www.reginfo.gov, and because of 
Executive Order 12291's rescission.

Section 1.8 Regulations Review

    Section 1.8 describes FEMA's intent to publish in the Federal 
Register, and keep updated, a plan for periodic review of existing 
rules at least within 10 years from the date of publication of a final 
rule. FEMA proposes to remove this section from part 1, as the process 
for review of existing rules has changed. President Trump recently 
issued Executive Order 13777, ``Enforcing the Regulatory Reform 
Agenda,'' which outlines specific requirements related to retrospective 
review.\12\ And past executive orders, such as Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' include certain 
retrospective review requirements as well.\13\ FEMA has actively 
participated in such reviews, and will continue to do so.
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    \12\ 82 FR 12285 (Mar. 1, 2017).
    \13\ 76 FR 3821 (Jan. 21, 2011).
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Section 1.9 Regulatory Impact Analysis

    Section 1.9 lists the regulatory impact analysis requirements that 
were part of the now-rescinded Executive Order 12291. These 
requirements have been replaced by a series of executive orders and OMB 
Circular A-4, ``Regulatory Analysis.'' A copy of the circular is 
included in the docket for this rulemaking. FEMA must follow these 
guidelines when preparing a regulatory impact analysis for its rules. 
As these guidelines apply to the agency rather than the public, it is 
not necessary to include them in the CFR. Therefore, FEMA proposes to 
remove section 1.9 from its regulations rather than updating it with 
the new guidelines.

Section 1.10 Initiation of Rulemaking

    This section addresses the process for initiating a rulemaking at 
FEMA, both internally by the Administrator of FEMA and externally via a 
petition for rulemaking. FEMA's process for initiating a rule is an 
internal agency matter, and the ultimate authority for initiating a 
rule resides with the Administrator. Thus, FEMA proposes to remove 
reference to the internal process for initiating a rule from its 
regulations. Initiation of a rule via a petition for rulemaking is 
addressed in a separate section (current section 1.18, which is 
renumbered as section 1.8 in this proposed rule). Therefore, as 
petitions for rulemaking are fully addressed in a separate section, 
FEMA proposes to remove section 1.10 in its entirety from the 
regulations.

Section 1.11 Advance Notice of Proposed Rulemaking

    Section 1.11 lists the requirements for the contents of an advance 
notice of proposed rulemaking (ANPRM), a regulatory action that 
typically takes place to gather information for a possible future 
notice of proposed rulemaking. These ANPRM requirements are part of 
FEMA's internal procedures and controls for its regulatory actions; 
FEMA proposes to remove them from the CFR.

Section 1.12 Notice of Proposed Rulemaking

    Section 1.12 lists the requirements for the contents of a notice of 
proposed rulemaking, a regulatory action that notifies the public of 
various information, including but not limited to, the substance or 
terms of the proposed rule or a description of the subject matter and 
issues involved and a reference to the legal authority under which the 
proposed rule is issued. These elements are already required by

[[Page 26415]]

statute; FEMA, therefore, proposes to remove them from the CFR.
    Section 1.12 also states that it is desirable that the proposed 
rule contain a target deadline for issuance of the regulation, and that 
to the extent feasible, this deadline be met. FEMA proposes to remove 
this provision because such a target, announced in a proposed rule, 
would too frequently be unduly speculative. For instance, FEMA does not 
presume that each proposed rule will result in a final rule.
    The final provision of section 1.12 states that if the proposed 
rule is one which contains a requirement for a collection of 
information, a copy of the rule will be furnished to OMB in accordance 
with the Paperwork Reduction Act. Under internal Federal government 
procedure, FEMA is required to submit all information collections, 
whether included with a rule or not, to OMB, via DHS. A regulation is 
not necessary for this function, and therefore FEMA proposes to remove 
it from the CFR.

Section 1.13 Participation by Interested Persons

    Section 1.13 states that any interested person may participate in 
rulemaking proceedings by submitting written data, views, or arguments 
within the comment time stated in the notice. This is a requirement of 
the Administrative Procedure Act and FEMA includes it in all of its 
rulemaking notices for proposed rules and advance notices of proposed 
rulemakings. As it is not necessary to include in regulation, FEMA 
proposes to remove it from the CFR.
    Section 1.13 includes a provision stating that the Administrator 
may permit the filing of comments in response to original comments. 
FEMA proposes to remove this provision because it is unnecessary to 
include in the CFR.
    Section 1.13 also states that the Administrator may provide for 
oral presentation of views in additional proceedings; this is also 
addressed in section 1.14. FEMA proposes to remove these provisions 
from the CFR. FEMA's policy for providing for public hearings is 
addressed in FEMA's notices of proposed rulemaking.
    The last provision of section 1.13 states that FEMA will send 
copies of regulatory flexibility analyses to the Chief Counsel for 
Advocacy of the Small Business Administration. As this provision is 
regarding internal agency procedure and does not affect the public, 
FEMA proposes to remove it from the regulation.

Section 1.14 Additional Rulemaking Proceedings

    Section 1.14 states that the Administrator may invite interested 
persons to present oral arguments, appear at informal hearings, or 
participate in any other procedure affording opportunity for oral 
presentation of views. FEMA's current policy is to include in each 
notice of proposed rulemaking, as appropriate, a statement noting that 
any member of the public may submit a request for a public meeting. If 
a hearing is held, FEMA will publish notice of such in the Federal 
Register. This provision is not necessary to include in the CFR. 
Therefore, FEMA proposes to remove it.
    FEMA proposes to retain the provision indicating that FEMA will 
keep a transcript or minutes of any hearing, but proposes to move it to 
the section on hearings (currently section 1.15; renumbered as section 
1.7 in the proposed rule). Note that FEMA considers any oral 
presentation a hearing; any oral presentation would fall under the 
provision addressing hearings (discussed below).

Section 1.15 Hearings

    Section 1.15 addresses the nature of public hearings should FEMA 
hold one for a particular rulemaking. Any such public hearing is 
nonadversarial and for fact-finding only. FEMA proposes to remove the 
provision stating that formal rulemaking hearing procedures do not 
apply, since section 1.1 already limits the scope of part 1 to informal 
rulemaking.

Section 1.16 Adoption of a Final Rule

    Section 1.16 addresses FEMA's procedure for issuing a final rule. 
Paragraph (a) states that FEMA must address any relevant significant 
issues set forth in comments received on the proposed rule. Paragraph 
(a) also requires the final rule to include a clear concise statement 
of the basis and purpose of the rule. These are Administrative 
Procedure Act requirements placed on agencies rather than the public 
and therefore FEMA proposes to remove these from the regulation.
    Paragraph (b) lists other information that FEMA may include in a 
final rule preamble. The information is similar to information covered 
by Administrative Committee of the Federal Register regulations at 1 
CFR 18.12. There is no need to reiterate this list in FEMA's 
regulations. Therefore FEMA proposes to remove paragraph (b) from part 
1.
    Paragraph (c) states that a statement shall be published at the 
time of publication of a final rule describing how the public may 
obtain copies of the final regulatory flexibility analysis. FEMA 
proposes to remove this provision because it is not necessary; FEMA 
automatically posts such analyses on www.regulations.gov for public 
viewing.
    Paragraph (d)(1) states that before approving any final major rule, 
FEMA will make a determination that the regulation is clearly within 
the authority delegated by law and consistent with congressional intent 
and include in the Federal Register at the time of promulgation a 
memorandum of law supporting that determination. FEMA proposes to 
remove this provision because it no longer reflects FEMA practice. FEMA 
includes the legal authority for the rule in the rulemaking document, 
and this is also a requirement of the Federal Register (each rulemaking 
must include an ``authority citation''). Although FEMA internally makes 
a legal determination that the regulation is within FEMA's legal 
authorities, FEMA does not include in the Federal Register a memorandum 
of law supporting that determination.
    Paragraph (d)(2) states that FEMA must make a determination that 
the factual conclusions upon which the rule is based have substantial 
support in the agency record, viewed as a whole, with full attention to 
public comments in general and the comments of persons directly 
affected by the rule in particular. FEMA proposes to remove this 
provision.

Section 1.17 Petitions for Reconsideration

    Section 1.17 states that FEMA will not consider petitions for 
reconsideration of a final rule, and that such petitions will be 
treated as petitions for rulemaking. This remains FEMA's policy, and 
FEMA proposes no revisions to this section, other than to revise the 
reference to section 1.18, which would become section 1.9 if this 
proposed rule is finalized.

Section 1.18 Petitions for Rulemaking

    Section 1.18 addresses petitions for rulemaking. It states that any 
interested person may petition the Administrator for the issuance, 
amendment, or repeal of a rule, and for purposes of this section, the 
term ``person'' includes a ``Federal, State, or local government or 
government agency.'' FEMA proposes to revise the definition of 
``person'' to include ``any member of the public and any entity outside 
the Federal Executive branch.'' FEMA considers any ``petitions'' from 
entities of the Federal

[[Page 26416]]

Executive branch as internal to the government and not subject to the 
same requirements as petitions from the public. There is communication 
amongst Federal Executive branch agencies on a regular basis and any 
need for a rule would be raised through those channels. This is not a 
change from the current intent of this section, but FEMA is proposing 
this new language for the sake of clarity.
    This section states that petitions should be submitted to the 
``Rules Docket Clerk.'' As FEMA no longer has a ``Rules Docket Clerk,'' 
FEMA proposes to change this to the ``Regulatory Affairs Division,'' 
which is the division responsible for processing any petitions to FEMA 
for rulemaking. FEMA also proposes to require that petitions for 
rulemaking be labeled as such, to avoid situations where simple 
correspondence is confused with a petition.

Authority Citation

    FEMA proposes to revise the authority citation for part 1 by 
removing the reference to rescinded Executive Order 12291, as well as 
the references to the Reorganization Plan No. 3 of 1978, Executive 
Order 12127, and Executive Order 12148. The Reorganization Plan and 
Executive Orders 12127 and 12148 established FEMA as an agency in 1979 
and established its functions. FEMA proposes to replace these cites 
with a citation to the Homeland Security Act of 2002, 6 U.S.C. 101 et 
seq., which provided organic authority for FEMA and made it a component 
of the Department of Homeland Security, and Department of Homeland 
Security Delegation 9001.1, which delegated specific functions back to 
FEMA.
    FEMA also proposes to remove the citation to the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) because references to that Act 
would no longer be included in part 1 if the proposed rule is 
finalized.
    FEMA proposes to retain the citations to the informal rulemaking 
provisions of the Administrative Procedure Act (5 U.S.C. 551 and 553) 
as these are the main authorities for this part.

Change Chart

    The following chart lists the current section and how it is 
affected by the proposed rule:

------------------------------------------------------------------------
              Current section                       Proposed rule
------------------------------------------------------------------------
1.1 Purpose
    1.1(a)................................  1.1(a).
    1.1(b)................................  Removed.
    1.1(c)................................  Removed.
    1.1(d)................................  Removed.
    1.1(e)................................  Removed.
1.2 Definitions
    1.2(a)................................  1.2(a).
    1.2(b)................................  1.2(b).
    1.2(c)................................  1.2(c).
    1.2(d)................................  1.2(d).
    1.2(e)................................  Removed.
1.3 Scope                                   ............................
    1.3(a)................................  1.1(a).
    1.3(b)................................  Removed.
    1.3(c)................................  1.1(b).
1.4 Policy and Procedures.................  Removed, except 1.4(b) moved
                                             to 1.3.
1.5 Rules docket.
    1.5(a)................................  1.4(a) & 1.5.
    1.5(b)................................  1.4(b).
1.6 Ex parte communications                 ............................
    1.6 Introductory language.............  Removed.
    1.6(a)................................  1.6(a).
    1.5(b)................................  1.6(b).
1.7 Regulations agendas...................  Removed.
1.8 Regulations review....................  Removed.
1.9 Regulatory impact analyses............  Removed.
1.10 Initiation of rulemaking               ............................
    1.10..................................  1.8/partially removed.
1.11 Advance notice of proposed rulemaking  Removed.
1.12 Notice of proposed rulemaking........  Removed.
1.13 Participation by interested persons..  Removed.
1.14 Additional rulemaking proceedings....  1.7(c)/partially removed.
1.15 Hearings.
    1.15 (a)..............................  1.7(a)/partially removed.
    1.15(b)...............................  1.7(b).
1.16 Adoption of a final rule.............  Removed.
1.17 Petitions for reconsideration........  1.9.
1.18 Petitions for rulemaking.............  1.8.
------------------------------------------------------------------------

IV. Regulatory Analyses

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).
    This proposed rule would revise FEMA regulations pertaining to 
rulemaking by removing sections that are outdated or do not affect the 
public and update provisions that affect the public's participation in 
the rulemaking process. FEMA does not believe this rule imposes 
additional direct costs on the public or government.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), as amended, 5 U.S.C. 
601-612, agencies must consider the impact of their rulemakings on 
``small entities'' (small businesses, small organizations and local 
governments). When the Administrative Procedure Act requires an agency 
to publish a notice of proposed rulemaking under 5 U.S.C. 553, the RFA 
requires a regulatory flexibility analysis for both the proposed rule 
and the final rule if the rulemaking could ``have a significant 
economic impact on a substantial number of small entities.'' The RFA 
also provides that in lieu of a regulatory flexibility analysis, the 
agency may certify in the rulemaking document that the rulemaking will 
not ``have a significant economic impact on a substantial number of 
small entities'' along with a statement providing the factual basis for 
such certification. FEMA has voluntarily published a notice of proposed 
rulemaking in this case, notwithstanding that this rule is a rule of 
agency organization, procedure, or practice exempt from notice-and-
comment rulemaking requirements. See 5 U.S.C. 553(b)(A).
    This proposed rule would revise FEMA regulations pertaining to 
rulemaking by removing sections that are outdated or do not affect the 
public and update provisions that affect the public's participation in 
the rulemaking process. This rule does not impose direct costs on small 
entities. Accordingly, and although FEMA is not required to make such 
certification, pursuant to section 605(b) of the RFA, 5 U.S.C. 605(b), 
the Administrator of FEMA certifies that this rule will not, if 
promulgated, have a significant

[[Page 26417]]

economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 
1531-1536, 1571, pertains to any notice of proposed rulemaking which 
implements any rule that includes a Federal mandate that may result in 
the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year. If the rulemaking includes a Federal mandate, the Act requires an 
agency to prepare an assessment of the anticipated costs and benefits 
of the Federal mandate. The Act also pertains to any regulatory 
requirements that might significantly or uniquely affect small 
governments. Before establishing any such requirements, an agency must 
develop a plan allowing for input from the affected governments 
regarding the requirements.
    FEMA has determined that this rule will not result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
nor by the private sector, of $100,000,000 or more in any one year as a 
result of a Federal mandate, and it will not significantly or uniquely 
affect small governments. Therefore, no actions are deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA), as amended, 44 
U.S.C. 3501-3520, an agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless the 
agency obtains approval from OMB for the collection and the collection 
displays a valid OMB control number. See 44 U.S.C. 3506, 3507. FEMA has 
determined that this rulemaking does not contain any collections of 
information as defined by that Act. PRA regulations exempt general 
solicitations of comments from the public such as rulemakings. See 5 
CFR 1320.3(h)(4).

Privacy Act/E-Government Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must 
determine whether implementation of a proposed regulation will result 
in a system of records. A ``record'' is any item, collection, or 
grouping of information about an individual that is maintained by an 
agency, including, but not limited to, his/her education, financial 
transactions, medical history, and criminal or employment history and 
that contains his/her name, or the identifying number, symbol, or other 
identifying particular assigned to the individual, such as a finger or 
voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of 
records'' is a group of records under the control of an agency from 
which information is retrieved by the name of the individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. An agency cannot disclose any record which is contained 
in a system of records except by following specific procedures.
    The E-Government Act of 2002, 44 U.S.C. 3501 note, also requires 
specific procedures when an agency takes action to develop or procure 
information technology that collects, maintains, or disseminates 
information that is in an identifiable form. This Act also applies when 
an agency initiates a new collection of information that will be 
collected, maintained, or disseminated using information technology if 
it includes any information in an identifiable form permitting the 
physical or online contacting of a specific individual.
    This proposed rule does not create a new, nor impact a current, 
system of record. Therefore, this proposed rule does not require 
coverage under an existing or new Privacy Impact Assessment or System 
of Records Notice. Any member of the public or any non-Federal entity 
may submit comments on a rulemaking; all comments are posted on 
www.regulations.gov, and that Web site, as well as each FEMA rulemaking 
document requesting comments, includes a Privacy Notice informing the 
commenter that any comments will be posted for public viewing.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency 
regulations that have Tribal implications, that is, regulations that 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. Under this Executive Order, to the extent 
practicable and permitted by law, no agency shall promulgate any 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs on Indian Tribal governments, and that is not 
required by statute, unless funds necessary to pay the direct costs 
incurred by the Indian Tribal government or the Tribe in complying with 
the regulation are provided by the Federal Government, or the agency 
consults with Tribal officials.
    This rule does not have Tribal implications. Any member of the 
public and any non-Federal entity, including Tribes and Tribal members, 
may participate in Federal rulemaking as outlined in this proposed 
rule, and it is FEMA's policy that ex parte restrictions in rulemaking 
do not apply to Tribal consultations.

Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10, 
1999, sets forth principles and criteria that agencies must adhere to 
in formulating and implementing policies that have federalism 
implications, that is, regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Federal 
agencies must closely examine the statutory authority supporting any 
action that would limit the policymaking discretion of the States, and 
to the extent practicable, must consult with State and local officials 
before implementing any such action.
    FEMA has reviewed this proposed rule under Executive Order 13132 
and has determined that this rule does not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and therefore 
does not have federalism implications as defined by the Executive 
Order. It addresses agency procedures for rulemaking that affect the 
public; such rulemaking is a Federal process and does not affect State 
rulemaking processes.

Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5 
U.S.C. 801-808, before a rule can take effect, the Federal agency 
promulgating the rule must submit to Congress and to the Government 
Accountability Office (GAO) a copy of the rule; a concise general 
statement relating to the rule, including whether it is a major rule; 
the proposed effective date of the rule; a copy of any cost-benefit 
analysis; descriptions of the agency's actions under the Regulatory 
Flexibility Act and the Unfunded Mandates Reform Act;

[[Page 26418]]

and any other information or statements required by relevant executive 
orders.
    FEMA will send this rule to the Congress and to GAO pursuant to the 
CRA if the rule is finalized. The rule is not a ``major rule'' within 
the meaning of the CRA. It will not have an annual effect on the 
economy of $100,000,000 or more; it will not result in a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; and it will 
not have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

List of Subjects in 44 CFR Part 1

    Administrative practice and procedure.


0
For the reasons discussed in the preamble, the Federal Emergency 
Management Agency proposes to revise 44 CFR part 1 as follows:

PART 1--RULEMAKING, POLICY AND PROCEDURES

Sec.
1.1 Purpose and scope.
1.2 Definitions.
1.3 Regulatory policy.
1.4 Public rulemaking docket.
1.5 Public comments.
1.6 Ex parte communications.
1.7 Hearings.
1.8 Petitions for rulemaking.
1.9 Petitions for reconsideration.

    Authority:  5 U.S.C. 551, 553; 6 U.S.C. 101 et seq.; Department 
of Homeland Security Delegation 9001.1.


Sec.  1.1  Purpose and scope.

    (a) This part contains FEMA's procedures for informal rulemaking 
under the Administrative Procedure Act (5 U.S.C. 553) that affect the 
public.
    (b) This part does not apply to rules issued in accordance with the 
formal rulemaking provisions of the Administrative Procedure Act (5 
U.S.C. 556, 557).


Sec.  1.2  Definitions.

    (a) Rule or regulation have the same meaning as those terms are 
defined in the Administrative Procedure Act (5 U.S.C. 551(4)).
    (b) Rulemaking means the FEMA process for considering and 
formulating the issuance, amendment, or repeal of a rule.
    (c) Administrator means the Administrator, FEMA, or an official to 
whom the Administrator has expressly delegated authority to issue 
rules.
    (d) FEMA means Federal Emergency Management Agency.


Sec.  1.3  Regulatory policy.

    (a) It is the general policy of FEMA to provide for public 
participation in rulemaking regarding its programs and functions, 
including matters that relate to public property, loans, grants, or 
benefits, or contracts, even though these matters are not subject to a 
requirement for notice and public comment rulemaking by law. This 
general policy is not intended to and does not create a right or 
benefit, substantive or procedural, enforceable against the United 
States or its agencies or officers.
    (b) FEMA may depart from this general policy in its absolute 
discretion, including for its annual grant programs and in other cases 
as circumstances warrant.


Sec.  1.4  Public rulemaking docket.

    (a) FEMA maintains a public docket for each rulemaking after it is 
published in the Federal Register and until the rulemaking is closed 
and archived at the National Archives and Records Administration. The 
public docket includes every document published in the Federal Register 
in conjunction with a rulemaking. It also includes regulatory 
assessments and analyses, written comments from the public addressed to 
the merits of a proposed rule, comments from the public received in 
response to notices, or to withdrawals or terminations of a proposed 
rulemaking, requests for a public meeting, requests for extension of 
time, petitions for rulemaking, grants or denials of petitions or 
requests, and transcripts or minutes of informal hearings. The public 
rulemaking docket is maintained by the Regulatory Affairs Division, 
Office of Chief Counsel.
    (b) After FEMA establishes a public rulemaking docket, any person 
may examine docketed material during established business hours by 
prearrangement with the Regulatory Affairs Division, Office of Chief 
Counsel, FEMA, 500 C St. SW., Washington, DC 20472, and may obtain a 
copy of any docketed material (except for copyrighted material). FEMA 
also maintains a copy of each public docket electronically, with the 
exception of copyrighted material, on www.regulations.gov. To access 
the docket on www.regulations.gov, search for the docket ID associated 
with the rulemaking.
    (c) The docket for flood hazard elevation rules issued by the 
National Flood Insurance Program are partially maintained at the 
locality that is the subject of the rule. FEMA includes in the preamble 
of each flood hazard elevation rule the repository address for 
supporting material.


Sec.  1.5  Public comments.

    A member of the public may submit comments via mail or courier to 
the Regulatory Affairs Division, Office of Chief Counsel, Federal 
Emergency Management Agency, 500 C St. SW., Washington, DC 20472, or 
may submit comments electronically to the rulemaking docket at 
www.regulations.gov under the applicable docket ID.


Sec.  1.6  Ex parte communications.

    (a) All oral or written communications from outside the Federal 
Executive branch of significant information and argument respecting the 
merits of a rulemaking document, received after publication of a notice 
of proposed rulemaking, by FEMA or its offices and divisions or their 
personnel participating in the decision, must be summarized in writing 
and placed promptly in the public docket. This applies until the agency 
publishes a final regulatory action such as a withdrawal of the notice 
of proposed rulemaking or a final rule.
    (b) FEMA may conclude that restrictions on ex parte communications 
are necessitated at other times by considerations of fairness or for 
other reasons.
    (c) This section does not apply to Tribal consultations.


Sec.  1.7  Hearings.

    (a) When FEMA affords an opportunity for oral presentation, the 
hearing is an informal, nonadversarial, fact-finding proceeding. Any 
rulemaking issued in a proceeding under this part in which a hearing is 
held need not be based exclusively on the record of such hearing.
    (b) When such a hearing is provided, the Administrator will 
designate a representative to conduct the hearing.
    (c) The transcript or minutes of the hearing will be kept and filed 
in the public rulemaking docket.


Sec.  1.8  Petitions for rulemaking.

    (a) Any interested person may petition the Administrator for the 
issuance, amendment, or repeal of a rule. For purposes of this section, 
the term person includes any member of the public and any entity 
outside the Federal Executive branch of government. Each petitioner 
must:
    (1) Submit the petition to the Regulatory Affairs Division, Office 
of Chief Counsel, FEMA, 8NE, 500 C Street SW., Washington, DC 20472;

[[Page 26419]]

    (2) Label the petition with the following: ``Petition for 
Rulemaking'' or ``Rulemaking Petition'';
    (3) Set forth the substance of the rule or amendment proposed or 
specify the rule sought to be repealed or amended;
    (4) Explain the interest of the petitioner in support of the action 
sought; and
    (5) Set forth all data and arguments available to the petitioner in 
support of the action sought.
    (b) No public procedures will be held directly on the petition 
before its disposition. If the Administrator finds that the petition 
contains adequate justification, a rulemaking proceeding will be 
initiated or a final rule will be issued as appropriate. If the 
Administrator finds that the petition does not contain adequate 
justification, the petition will be denied by letter or other notice, 
with a brief statement of the ground for denial.
    The Administrator may consider new evidence at any time; however, 
FEMA will not consider repetitious petitions for rulemaking.


Sec.  1.9  Petitions for reconsideration.

    Petitions for reconsideration of a final rule will not be 
considered. Such petitions, if filed, will be treated as petitions for 
rulemaking in accordance with Sec.  1.8 of this part.

    Dated: May 30, 2017.
Robert Fenton,
Senior Official Performing the Duties of the Administrator, Federal 
Emergency Management Agency.
[FR Doc. 2017-11559 Filed 6-6-17; 8:45 am]
 BILLING CODE 9111-19-P